Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forensic examination of documents

Legal area

Court

29 Sept 2023

Chong Boon Heng Hanson Building Materials Malaysia Sdn Bhd

Citation

BA-24NCVC-1898-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-1898-11/2022 (Mahkamah Tinggi)

The High Court dismissed the originating summons as an abuse of process and multiplicity of proceedings because the application sought forensic examination of a document that is subject of a pending Sessions Court suit and therefore the proper forum to seek such an order was the Sessions Court; accordingly the High Court declined jurisdiction and dismissed the application with costs.
28 May 2021

YAYASAN TUANKU SYED SIRAJUDDIN HONG LEONG BANK BERHAD

Citation

22NCC-371-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-371-08/2020 (Mahkamah Tinggi)

The court found Order 24 Rule 12(1) requirements satisfied and the necessity test under Order 24 Rule 13 met because the 41 original cheques are specifically identified, necessary for accurate forensic examination to determine alleged forgeries and thus necessary for fair disposal; Order 24 Rule 12(2) empowers the court to direct that produced documents be submitted for forensic examination and is not limited by Order 40, therefore the application for production and forensic examination was allowed and costs were awarded to the Plaintiff.